[G.R. No. L-8988. May 17, 1957.]
PASCUALA ABAYA, plaintiff and appellant, vs. ROBERTO D. ENRIQUEZ, JR., GLICERIA ENRIQUEZ, ARTEMIO P. JONGCO and NERA JONGCO, defendants and appellees.
CONCEPCION, J p:
Appeal from the decision of the Court of First Instance of Manila (Civil Case No. 20170), finding the sale of the parcels of land in question to have been made in good faith, and, dismissing, therefore, the complaint, as well as the counter-claims, without special pronouncement as to costs. Where the judgment rendered against the defendant, in an action in personam, has not been entered in the records of the register of deeds, relative to an immovable belonging to the judgment debtor, the subsequent sale of said property, by the latter, shall not be rescinded upon the ground of fraud, unless the complicity of the buyer in the fraud imputed to said vendor is established by other means than the presumption of fraud under Art. 1297 of the Spanish Code. The reason therefore is that, being a general law, the Civil Code must yield to the Mortgage Law, which is a special law. In the instant case there is no evidence that the Jongcos had acted in bad faith.
Judgment affirmed, with costs against plaintiff-appellant.